Based on police report and witness statement I’m not at-fault. The full responsibility is on another party. My insurance company is preparing to pay me for the lost car, but this amount is much less that I’ve paid for it (it was a new 2014 Audi Q5...
You are only entitled to be fair market value of the vehicle at the time of the crash. Most insurance companies will give you CCC ValueScope for showing similar vehicles in your area with similar amounts that could be purchased to "replace" your vehicle. Hopefully, you have gap insurance to cover any potential loss on any vehicle payoff. If you are injured, I suggest you not only get medical treatment but also talk to an experienced lawyer. Search Avvo for a local attorney that has a 10.0 rating. You will want someone that has the experience and reputation to get the job done.See question
I was knocked out and have a concussion that has kept me from work for 2 months
You have two potential claims to pursue: (1) workers compensation and (2) third party claims.
It sounds as if you already have the workers compensation claim open since you've been out of work for 2 months - so you may not need a lawyer to handle that portion...yet. I say yet because there will eventually come a time when the USPS wants you off of workers compensation and back to work, and that may not be consistent with what your doctors are saying and how you are feeling. Additionally, since you are a USPS employee, you are subject to federal workers compensation and not traditional Pennsylvania workers compensation. You may also be entitled to a permanency award even after you return to work. Federal workers compensation is a highly specialized area and I refer those cases to an attorney in the Philadelphia area that limits his practice to federal workers compensation.
The third party claim is a claim that you could bring against the driver that hit your work truck. There may also be other potential targets if this individual was served alcohol at a bar or restaurant. When a bar serves a person that is visibly intoxicated, they can potentially expose themselves to civil liability under dram shop or liquor liability laws. You definitely need an experienced personal injury attorney to help you navigate this area, and the earlier the better.
Lastly, make sure you are getting the right medical treatment. Head injuries are serious and you need to make sure that you are with top notch brain injury specialists. Early intervention is critical in the treatment of head injuries.See question
is there anything that could be done
I am sorry to hear about your daughter's fall and injuries. Injuries to the ankle are often very painful and have a long recovery period. Make sure you get her with a good medical team to ensure that she is getting top notch care.
With respect to your question though, it will be difficult for any attorney to give you an answer without knowing more about the accident. What caused the fall? Did she slip or trip on something? Was it caused by ice or snow? If so, how long had the snow or ice been there?
There are many factors that go into an attorney's analysis of whether a claim can be legitimately pursued. Your daughter has very serious injuries so I would urge you to speak to an experienced personal injury lawyer as soon as possible. There are many great lawyers here on Avvo.See question
My son has a broken shoulder , broken leg in two places , he has a torn ACL on the other leg , all of his front teeth are gone, they are trying to save his left eye that's losing vision, he also has blood build up and swelling in his head. There w...
Trust your instincts and dig a little deeper. Don't give up just because the police report may be adverse. Police reports often get things wrong.
I would urge you to retain a top notch personal injury lawyer immediately. The sooner you retain a lawyer the sooner he/she can start their investigation, and early intervention is extremely critical in cases like this. The lawyer will want to identify and preserve all critical evidence, including:
(1) securing any witness statements;
(2) examining the property / physical damage;
(3) hiring an necessary experts to assess the crash dynamics and perform a reconstruction; and
(4) securing any video footage showing the crash from any traffic cameras or local business surveillance cameras.
Your son's injuries are obviously significant. It is worth the time and effort to get answers.
My wife, 3yr old and myself were in an accident on 11/1/14. We came to a complete stop at a stop sign when another driver was driving down the intersecting street attempting to make a right turn onto the street which we were stopped on. They were ...
You have a case that is worth investigating, and I would urge you to contact a top-notch personal injury lawyer right away. There are many things that a lawyer can assist you with - from the processing of the insurance paperwork for the property damage and medical expense coverage, handling all communications with the responsible driver's insurance company, obtaining the police report, getting any necessary witness statements, and, most importantly, ensuring that you and your family are getting the best possible medical care.
Take a look at the different attorney profiles here on Avvo - there are many great personal injury lawyers listed. Avvo's guidelines do not permit attorneys to solicit your business or make recommendations on who or whom you should contact so I would instead urge you to look for an attorney with: (1) a great Avvo rating, (2) a record of success, and (3) the respect of his / her fellow lawyers (endorsements and awards).
Best of luck to you and your family.See question
was in NJ. Can I sue for workers compensation? Thank you.
Yes, you have a viable workers compensation claim since you were injured on the job. Workers compensation would be responsible for the payment of your medical expenses and wage benefits. Keep in mind though that the wage benefits are only a portion of your average weekly wages.
You may also have a potential third party case against other contractors that were working at the job site. This will largely be dependent on the specific circumstances surrounding your accident.
As an attorney that handles regularly handles construction and industrial accident cases throughout NJ and PA, I can tell you that you are best off consulting counsel immediately. Contact a lawyer with extensive experience handling construction accident cases. He / she should be able to identify all potential target defendants, and get you set up with an experienced workers compensation lawyer in the process. Best of luck.See question
I was told to untangle a hose from a compressor. We were working on the roof re-doing the entire floor by demolishing the floor, then pouring new concrete. There were a number of openings which were unprotected. I went through one of those open...
Thanks for posting your inquiry. A significant portion of my practice is dedicated to handling construction and industrial accident cases in NJ and PA, and this is a pretty common question that we get as many workers are in similar situations when injured on a job site.
The short answer to your question is yes. Yes, you have the right to make a claim for your injuries and losses. The fact that you were working on a visa and paid "off the books" would not serve to preclude you from making a claim. Those factors could result in limiting the types of damages that you could seek (ie. wage loss), but would not serve to bar you from bringing a lawsuit.
I would urge you to speak to an experienced construction accident lawyer. Your situation is complicated and will require the assistance of an attorney that has a good understanding of OSHA regulations and work site safety issues. A good lawyer will help you identify the potentially responsible parties, and explain to you the interplay of NJ workers compensation laws and third party lawsuits that may be brought against contractors and consultants other than the employer.
Feel free to post additional questions or ask for clarification. Happy to help.See question
I was a passenger in the car, the driver hits a pole. The claim is with Allstate. My fitbia was smashed at the plateau the fibula was also broken. Surgically repaired with a plate and 7 screws. It's been 8 weeks and the doctors still won't let me ...
Highly recommend that you hire a lawyer immediately. Representing yourself is a very bad idea. First, you need to understand who you are dealing with here. You are dealing with Allstate. Allstate is a notoriously bad insurance carrier - one of the worst carriers to negotiate with - even for us lawyers. They are stingy and don't care about protecting their insureds. Second, if you want full value for your injuries, you case needs to be prepared in such a manner to get full value. This means getting the proper experts and reports. It means telling your story in a compelling manner. You need a lawyer to do this. Do yourself a favor and talk to an experienced personal injury lawyer.See question
The only info I have gotten about the accident is from his company. The police report isn't done. I have written the Federal Dept. of Transportation to obtain their report since the truck was red tagged and investigated. He has had problems with h...
Very sorry to hear about your loss. The grief experienced when one loses a loved one is immeasurable.
The pain you are undoubtedly feeling right now though is likely compounded by the frustration you are feeling due to the lack of answers you are getting from your fiance's company. That is completely understandable. I would be frustrated too.
To answer your question though, I can tell you that if your fiance was on the job and working at the time of the crash that he should be entitled, at a minimum, to either workers compensation or disability benefits. These are commonly referred to as first party claims. The distinction on whether it is workers compensation or disability benefits will largely come down to whether your fiance was an employee of the company or an independent contractor. Having handled many trucking accident cases in my career, I can tell you that most trucking companies attempt to classify drivers as independent contractors so that they do not qualify for traditional state workers compensation benefits.
Additionally, there may also be third party claims available to pursue. This will ultimately depend upon the facts of the case. By way of example, if the crash was caused due the negligence of another, there may be a viable claim against that person/entity. If the crash was caused due to a defective product, there may be a viable claim against the product manufacturer, seller, and distributor. If the crash was caused due to inadequate maintenance of the tractor-trailer, there could conceivably be a third party case to pursue but it would be dependent upon several factors, including your fiance's employment status (employee v. contractor), the status of the maintenance crew, and the facts surrounding the inadequate repairs.
I think you would be well-served retaining an experienced truck accident lawyer to guide you through this process. I would urge you not to walk into this potential minefield alone.
One last thing is that an estate will need to be raised for your fiance. If he had a will, the estate will be probated according to the will. If he did not have a will, he will be considered having died intestate and state intestacy laws will dictate who the beneficiaries of his estate would be.
I wish you the best of luck, and, again, my condolences.See question
A week ago, a friend of mine sent to its attorney a friendly letter, asking to its attorney to send copies of the filed complaint and pleadings. Up today its attorney has not tried to contact its client, has not send anything. My friend has almo...
Lawyers have an ethical obligation to communicate with our clients. Unfortunately, client care and customer service is pretty underwhelming in our industry.
Before firing the current lawyer, I would urge your friend to call his/her office and make an appointment to meet with the lawyer - in person. Sometimes it is a simple communication breakdown with the staff, and the attorney never knows about the problem with the client. Meeting in person with the lawyer is one sure way to get his/her attention. If your friend is still dissatisfied after meeting with the current lawyer, it is probably a good idea at that point to seek out another lawyer.
There are many good lawyers on Avvo. Best of luck to your friend.
Sean QuinnSee question